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'File 53/11 XVI (D 141) Kuwait Date Gardens' [69r] (149/400)
The record is made up of 1 volume (204 folios). It was created in 22 Jul 1938-18 Oct 1938. It was written in English and Arabic. The original is part of the British Library: India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. Records and Private Papers Documents collected in a private capacity. .
Transcription
This transcription is created automatically. It may contain errors.
yj
6,
the lapse of time and asked for the non-hearing of the case
and mentioned in the course of argument that our ownership
of the property was lawful, since it was purchased from the
testator of the plaintiff. In his last Note the plaintiff
interpreted that statement as a recognition of his ownership,
despite the lapse of time and gave as evidence of his allegation
in this connexion Article 1674 of the w Magallah M # We should
therefore go "back to the text of Article 1674 of the n Magallah H
in order to ascertain the intention of the author of that text#
Article 1674 of the H Magallah w runs as follows:- "The
forfeiture of right cannot he effected by lapse of time. There
fore if the defendant clearly admits in the presence of the
Courts that the plaintiff has an existing right in a case
effected by prescription in the manner claimed by the plaintiff,
no consideration should be given to the prescription and a
decree should be issued in accordance with the confession of
the defendant. w
This is the text of the Article of "Al-Magallah" which
does not require any explanation. It also provides that
the confession of the right claimed should take place during
the progress of the case. The annotator of the M Magallah M
referred to that matter and gave examples in which he says;-
The word existing is a precautionary restriction which means
that the confession of the defendant does not repel prescription
except when he admits of that right being under his security. It
therefore follows that if a person claims a property alleged
to be in his ownership and inherited from his father and the
defendant replies that he purchased it from the father or uncle,
for a certain sum, and has possessed it for 40 years, no evidence
is required here in support of the purchase, but the only thing
required from him is to prove his disposal of that property
during that lapse of time, because in claiming the purchase from
the father and mother of plaintiff, he did not admit of
their/
About this item
- Content
This file contains correspondence between British officials regarding date gardens in southern Iraq owned by the rulers of Kuwait and Mohammerah. In particular, the correspondence concerns the Government of Iraq's decision to end the immunity from taxation (on the gardens) that had been granted by the British Government to the former ruler of Kuwait, Shaikh Mubārak Āl Ṣabāḥ and the Shaikh of Mohammerah, Khaz‘al bin Jābir al-Ka‘bī in return for their military support against the Ottoman Empire in World War 1.
The file contains detailed discussion of a case in the court of Basra brought against Shaikh Aḥmad al-Jābir Āl Ṣabāḥ, the ruler of Kuwait, by Abdulla Al Zuhair/Az-Zuhair [‘Abdullāh al-Zuhayr] and contains copies of various court documents from both the defence and the prosecution.
The file also contains reports regarding the cutting down of trees on Shaikh Aḥmad's estates in Fao (in order to widen roads) by order of the Basra port authorities and on folios 154-157 it contains four photographs of the affected area.
The file also contains the minutes of a meeting held at the Foreign Office that was attended by representatives of the Treasury, the Treasury Solicitor's Office, the India Office The department of the British Government to which the Government of India reported between 1858 and 1947. The successor to the Court of Directors. and the Foreign Office (in August 1938) and copy of the Iraqi Land Settlement Law No. 29 of 1938 (taken from the Iraqi Government Gazette No. 21, 22 May, 1938).
- Extent and format
- 1 volume (204 folios)
- Arrangement
File is arranged in chronological order, from earliest at beginning of the file to most recent at end. An index of topics contained in the file is listed on folio 1c.
Serial numbers in red crayon refer to entries in the notes at the rear of the file.
- Physical characteristics
Condition: A bound correspondence volume of which the front cover and some pages have come unbound and are now loose.
Foliation: The file's foliation sequence commences at the front cover and terminates at the back cover; these numbers are written in pencil with a minority in ink, and can be found in the top right corner of the recto The front of a sheet of paper or leaf, often abbreviated to 'r'. side of each folio.
Folios 131-135 are omitted. The file contains the following foliation errors: 1, 1A, 1B, 1C, 1D and 1E; 23 and 23A; 125 and 125A; 183 and 183A.
- Written in
- English and Arabic in Latin and Arabic script View the complete information for this record
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Copyright: How to use this content
- Reference
- IOR/R/15/1/498
- Title
- 'File 53/11 XVI (D 141) Kuwait Date Gardens'
- Pages
- 12r:23v, 23ar:23av, 24r:34v, 64r:75v
- Author
- Roushdi, Maitre Ahmed
- Usage terms
- The copyright status is unknown. Please contact copyright@bl.uk with any information you have regarding this item.